NY D85701

December 30, 1998

CLA-2-62:RR:NC:3:353 D85701

CATEGORY: Classification

TARIFF NO.: 6211.33.0015; 6104.43.2020; 6114.30.1010;

6114.30.3060

Ms. Jinky A. Spires

Disguise Inc.

9040 Activity Rd.

Suite D

San Diego, CA 92126

RE: The tariff classification of Precocious Pirate, Lucinda, Bride

of Darkness and Classic Vampire Costume from Mexico.

Dear Ms. Spires:

In your letter dated December 4, 1998, you requested a

classification ruling. Three samples were submitted for

examination with your request.

The submitted samples are, style number 2131, Precocious

Pirate, size 2-4 boys costume set consisting of a woven polyester

fabric jumpsuit, belt and buckle, striped socks, pirate hat with a

feather, and shoes buckles. Style number 145, Lucinda, Bride of

Darkness girls costume set consists of a knit man made fiber fabric

(sequined lame print) gown with tulle trim and a sequined devil

horn headpiece with attached veil. Style number 1133, Classic

Vampire boys costume, consists of a knit man made fiber fabric

shirt and vest combination with an attached medallion, and a knit

polyester cape with a collar and self tie.

ISSUE:

Whether the costumes are festive articles of chapter 95 or of

textile articles of fancy dress classifiable under chapter 61 or

62.

LAW AND ANALYSIS

Classification under the Harmonized Tariff Schedule of the

United States Annotated (HTSUSA) is made in accordance with the

General Rules of Interpretation (GRI's). The systematic detail of

the harmonized system is such that virtually all goods are

classified by application of GRI 1, that is, according to the terms

of the headings of the tariff schedule and relative section of the

chapter notes. In the event that the goods cannot be classified

solely on the basis of GRI 1, and the headings and legal notes do

not otherwise require, the remaining GRI's may then be applied.

The Explanatory Notes (ENs) to the Harmonized Commodity Description

and Coding System, which represent the official interpretation of

the tariff at the international level, facilitate classification

under the HTSUSA by offering guidance in understanding the scope of

the headings and GRIs.

Heading 9505, HTSUSA, includes articles which are for

"Festive, carnival, or other entertainment." It must be noted,

however, that Note 1(e), chapter 95, HTSUSA, does not cover "fancy

dress, of textiles, of chapter 61 or 62." The EN's to 9505, state

that the heading covers:

(A) Festive, carnival or other entertainment articles, which

in view of their intended use are generally made of non-durable

material. They include:

(3) Articles of fancy dress, e.g., masks, false ears and

noses, wigs, false beards and moustaches (not being articles of

pastiche- heading 67.04), and paper hats. However, the heading

excludes fancy dress of textile materials, of chapter 61 or 62.

In interpreting the phrase "fancy dress, of textiles, of

chapter 61 or 62," Customs initially took the view that fancy dress

included "all" costumes regardless of quality, durability, or the

nature of the item. However, Customs has reexamined its view

regarding the scope of the term "fancy dress" as it related to

costumes. On November 15, 1994, Customs issued Headquarters Ruling

Letter (HRL) 957318, which referred to the settlement agreement of

October 18, 1994, reached by the United States and Traveler

Trading. In HRL 957318, Customs stated that it had agreed to

classify as festive articles in subheading 9505.90.6000, costumes

of a flimsy nature and construction, lacking in durability, and

generally recognized as not being a normal article of apparel.

In view of the aforementioned, Customs must distinguish

between costumes of chapter 95 (festive articles), and costumes of

chapters 61 and 62 (articles of fancy dress). This can be

accomplished by separately identifying characteristics in each

article that would indicate whether or not it is of a flimsy nature

and construction, lacking in durability, and generally recognized

as a normal article of apparel.

The three submitted sample costumes are comparable in

construction and durability. They are well made with finished

seams, some with piping, and can be used multiple times. The

amount of finishing is such that the articles are neither flimsy in

nature or construction, nor lacking in durability.

GRI 3(b) is applicable when goods are, prima facie,

classifiable under two or more headings, and have been put up in

sets for retail sale. GRI 3(b) states that the goods "shall be

classified as if they consisted of the material component which

gives them their essential character." In the case of Precocious

Pirate, style number 2131, the belt, buckle, socks, pirate hat and

shoes buckles, and for Lucinda, Bride of Darkness, style number

145, the devil horn headpiece are governed by GRI 3(b) because

these items are packaged as accessories with a single garment

wherein each item in the set is classifiable under a separate

heading. Pursuant to GRI 3(b), however, the accessory items in the

set are classified in accordance with that article from which the

set derives its essential character. Customs believes that the

essential character of costumes consisting of a single garment with

accessories is generally imparted by that garment, which in this

case is the jumpsuit for the Precocious Pirate Costume and the gown

for the Lucinda, Bride of Darkness Costume.

In as much as the Classic Vampire Costume, style number 1133

consists of two distinct garments, (the top and the cape) Note 13,

Section XI, of the HTSUSA is applicable and provides:

Unless the context otherwise requires, textile garments of

different headings are to be classified in their own headings even

if put in sets for retail sale.

Note 13 of Section XI requires that the textile garments of

different headings be separately classified, thus preventing

classification of costumes consisting of two or more garments as

sets. If a set cannot exist by application of Note 13, the

articles which may be packaged with the garments must also be

classified separately.

The applicable subheading for the Precocious Pirate Costume,

style number 2131 will be 6211.33.0015, Harmonized Tariff Schedule

of the United States (HTS), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys':

Of man-made fibers, Coveralls, jumpsuits and similar apparel:

Other: Boys': Sizes 2-7." The general rate of duty for 1998 will

be 16.6 percent and for 1999, 16.5 percent ad valorem. The textile

category designation is 237.

The applicable subheading for the Lucinda, Bride of Darkness

Costume, style 145 will be 6104.43.2020, Harmonized Tariff Schedule

of the United States (HTS), which provides for "Women's or girls'

suits, ensembles, suit-type jackets, blazers, dresses, skirts,

divided skirts, trousers, bib and brace overalls, breeches and

shorts (other than swimwear), knitted or crocheted: Dresses: Of

synthetic fibers: Other, Girls'." The general rate of duty for

1998 will be 16.6 percent and for 1999, 16.5 percent ad valorem.

The textile category designation is 636.

The applicable subheading for the Classic Vampire top will be

6114.30.1010, Harmonized Tariff Schedule of the United States

(HTS), which provides for "Other garments, knitted or crocheted: Of

man-made fibers: Tops, Men's or boys'." The general rate of duty

for 1998 will be 29.3 percent and for 1999, 29.1 percent ad

valorem. The textile category designation is 638.

The applicable subheading for the Classic Vampire cape will be

6114.30.3060, Harmonized Tariff Schedule of the United States

(HTS), which provides for "Other garments, knitted or crocheted: Of

man-made fibers: Other, Other: Men's or boys'." The general rate

of duty for 1998 will be 15.6 percent and for 1999 15.5 percent ad

valorem. The textile category designation is 659.

Based upon international textile trade agreements products of

Mexico are not subject to quota and the requirement of a visa.

This ruling is being issued under the provisions of Part 177

of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above

should be provided with the entry documents filed at the time this

merchandise is imported. If you have any questions regarding the

ruling, contact National Import Specialist Kenneth Reidlinger at

212-466-5881.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division